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Esa not paid due to NI contributions
- don2345
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6 years 4 weeks ago #208900 by don2345
Esa not paid due to NI contributions was created by don2345
Hi,
So I claimed ESA originally aeound 2004. Before then I had been working and paying tax and NI since 1980.
Around 2009 I was refused esa. Instead of going to court I got scared of court and my husband amd kids said they will support me and so I never appealed.
Over the years my condition has worsened and with my husband not working as much now I decided in December 2016 I would claim again. So got refused again after reassessment, this time appealed and went to the tribunal and won with 15 points in march 2018 and not to be reassessed until 2 years.
I have now received a letter from esa stating due to not paying enough national insurance contributions I cannot get ESA. Also received a letter from job centre to come to a work coach interview otherwise my esa will be reduced even though I have not been given any.
So anyone help what I should do next? I claimed ESA but was this the wrong benefit to claim.
The 15 points I received was 9 points from not walking more than 100meters and 6 points from standing. I have been a clothes sower since 1980 and over the years it has caused arthritis alk over, especially the knees.
So I claimed ESA originally aeound 2004. Before then I had been working and paying tax and NI since 1980.
Around 2009 I was refused esa. Instead of going to court I got scared of court and my husband amd kids said they will support me and so I never appealed.
Over the years my condition has worsened and with my husband not working as much now I decided in December 2016 I would claim again. So got refused again after reassessment, this time appealed and went to the tribunal and won with 15 points in march 2018 and not to be reassessed until 2 years.
I have now received a letter from esa stating due to not paying enough national insurance contributions I cannot get ESA. Also received a letter from job centre to come to a work coach interview otherwise my esa will be reduced even though I have not been given any.
So anyone help what I should do next? I claimed ESA but was this the wrong benefit to claim.
The 15 points I received was 9 points from not walking more than 100meters and 6 points from standing. I have been a clothes sower since 1980 and over the years it has caused arthritis alk over, especially the knees.
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- Gordon
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6 years 4 weeks ago #208914 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa not paid due to NI contributions
Don
It's not entirely clear from your post but I am assuming that you claimed Contribution Based ESA when you claimed ESA again in December 2016 and that has now run out due the the 365 day rule.
Have you checked whether you are eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are then your ESA payments can continue.
As to the interview, if you are not receiving payment of your ESA then you are not required to attend the interview, so I would contact the advisor and let them know.
Gordon
It's not entirely clear from your post but I am assuming that you claimed Contribution Based ESA when you claimed ESA again in December 2016 and that has now run out due the the 365 day rule.
Have you checked whether you are eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are then your ESA payments can continue.
As to the interview, if you are not receiving payment of your ESA then you are not required to attend the interview, so I would contact the advisor and let them know.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- don2345
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6 years 4 weeks ago #208982 by don2345
Replied by don2345 on topic Esa not paid due to NI contributions
Hi Gordon,
Thanks for your response. Yes it was contribution based. I didn't realise about the NI rule. The Income related esa would all apply except my husband is self-employed as some weeks he works more than 24 hours, some less. So would this still apply?
If not, would it be the case of applying under a different benefit? I know it is my mistake but if the ESA department had informed we were not eligible for contribution based all this time would have been saved for them and me.
Thanks for your response. Yes it was contribution based. I didn't realise about the NI rule. The Income related esa would all apply except my husband is self-employed as some weeks he works more than 24 hours, some less. So would this still apply?
If not, would it be the case of applying under a different benefit? I know it is my mistake but if the ESA department had informed we were not eligible for contribution based all this time would have been saved for them and me.
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- Gordon
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6 years 4 weeks ago #208994 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa not paid due to NI contributions
Don
The DWP may be willing to average your husband's hours I assume that this will brig him below the 24 hours, you will have to ask them whether this is possible or not.
You need to contact the DWP office dealing with your claim and ask for an ESA3 form, this is for a financial assessment of you and your husband, when you return it include a covering letter explaining your husband's hours.
Gordon
The DWP may be willing to average your husband's hours I assume that this will brig him below the 24 hours, you will have to ask them whether this is possible or not.
You need to contact the DWP office dealing with your claim and ask for an ESA3 form, this is for a financial assessment of you and your husband, when you return it include a covering letter explaining your husband's hours.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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